Terms of Use

TERMS AND CONDITIONS OF USE

FryFace, LLC (“Company,” “our” or “us”) provides its services to users of this Website (“User” or “you”) subject to the following Terms and Conditions. If you visit the Company’s www.FryFace.com website (“Website”), you accept these Terms and Conditions. If you do not agree to be bound by all of these Terms and Conditions of use, please do not use or access this site.

ELECTRONIC COMMUNICATIONS
When you visit our Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

LICENSE AND SITE ACCESS
Company grants you a limited license to access and use this site. You may not download (other than page caching) or modify it, or any portion of it, without the express written consent of Company. This license does not include any: (i) resale or commercial use of this site or its contents; (ii) any collection and use of any images, product listings, descriptions, or prices; (iii) any derivative use of this site or its contents; or (iv) any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Company. You may not frame or utilize any framing techniques to enclose any image, trademark, logo, or other proprietary information of Company without our express written consent. You may not use any metatags or any other hidden text utilizing Company’s name or trademarks without the express written consent of Company. Any unauthorized use terminates the permission or license granted by Company.

DISCLAIMERS AND LIMITATION OF LIABILITY
Users of this site expressly agree that use of this site is at User's sole risk. Neither Company, nor any of its officers, directors, employees, representatives or agents warrant that this site will be uninterrupted or error-free; nor do they warrant or make any representation regarding the accuracy, reliability, or currency of any information, content, service, or merchandise provided through this site.

THIS WEBSITE IS PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS LISTED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD, PROVIDED OR DISCUSSED ON THIS WEBSITE, EVEN IF COMPANY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.00. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.

Under no circumstances shall Company or its officers, directors, employees, representatives or agents or any other party involved in creating, producing, or distributing this Website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to this site's records, programs, or services. User acknowledges that this paragraph shall apply to all content, merchandise, and services available through this Website. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.

The Company specifically disclaims any guarantee or warranty, express or implied, with respect to any products on this Website, including any warranty of merchantability or fitness for a particular purpose. No information conveyed by the Company either orally or in writing shall create such a warranty.

HEALTH-RELATED CONTENT
By using this Website, User agrees and acknowledges that all information contained on the Website is intended for educational purposes only. It is not intended as medical advice for individual conditions or treatment. It is not a substitute for a medical exam, and it does not replace the need for services provided by medical professionals. Further, all references to or descriptions or images of products or services on this Website should not be interpreted as endorsements of such products or services by the Company, nor as any affiliation with the products so referenced, by or with the Company.

The skin care and health-related content (collectively referred to as “health-related content”) on this Website and the descriptions of the products and their uses represents the opinion of the Company and describes general principles of skin care that should not in any event be construed as specific instructions for individual Users. This material is not intended as a guide to self-medication or as a substitute for proper medical advice, diagnosis, or treatment. It is for reference only and should not be used to determine treatment for specific medical conditions.

You should discuss your individual health-related questions or concerns with your physician, nurse, or other licensed health care professional. You should also check product information (including package inserts) regarding usage, precautions, warnings, interactions, and contraindications before administering or using any product discussed on this Website.

You understand and agree that the Company is not responsible for any claim, loss, or damage directly or indirectly resulting from your use of this Website or the information, resources or products identified, described, contained on or accessible through this Website.

INDEMNITY
You agree to defend, indemnify, and hold Company and its officers, directors, employees, representatives and agents harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, costs and expenses (including reasonable attorneys and accountant’ fees and costs) resulting from, or alleged to result from, (i) your violation of these Terms and Conditions and Company’s Privacy Policy, and/or (ii) claims by third parties against Company relating in any way to or arising from an alleged breach of any third party’s rights resulting directly or indirectly to or arising from your submission(s) to the Company, and/or (iii) your violation of the rights of any third party.

LINKS TO OTHER SITES
This Website may reference or link to third-party sites throughout the World Wide Web. Company does not endorse, recommend or sponsor and is not affiliated with any individuals or entities listed or linked to on this site unless that fact is expressly stated. Company has no control over these sites or the content within them. Company cannot and does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. Company does not warrant that any third-party site will not contain viruses or otherwise impact your computer. Company does not assume any responsibility or liability for the actions, products and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use. By using this site to search for or link to another site, you agree and understand that you may not make any claim against Company for any damages or losses, whatsoever, resulting from your use of this site to obtain search results or to link to another site.

TRADEMARKS
FRYFACE and the FRYFACE logo are the exclusive property and trademarks of FryFace, LLC. FryFace, LLC reserves all rights, including all rights applicable under the U.S. and international trademark laws, including, without limitation Section 1125 of Title 15 of the U.S. Code (Lanham Act Sec. 43). All other trademarks not owned by FryFace, LLC that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FryFace, LLC. FryFace, LLC expressly disclaims any such affiliation, connection or sponsorship with any of the companies and products referenced on the Website unless otherwise stated.

APPLICABLE LAW
This site is created and controlled by Company in the State of New York. As such, the laws of the State of New York will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. User hereby irrevocably and unconditionally consents to submit to the jurisdiction of the federal or state courts located in the County of New York, State of New York for any litigation arising out of or relating to use of or purchase made through this site (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in such courts and agrees not to plead or claim in any such court that such litigation brought therein has been brought in an inconvenient forum.

MODIFICATION AND SEVERABILITY
Company reserves the right to make changes to our site, policies, and these Terms and Conditions at any time, effective immediately upon the posting on this site. Please check this page of the site periodically. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.